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1

A cornerstone of modern diplomacy: Britain and the negotiation of the 1961 Vienna convention on diplomatic relations. Bloomsbury Academic, 2014.

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2

Office, Texas Attorney-General's. Magistrate's guide to consular notification under the Vienna Convention. Office of the Attorney General, 2000.

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3

Paraguay. Case concerning the Vienna Convention on Consular Relations (Paraguay v. United States of America) =: Affaire relative à la Convention de Vienne sur les relations consulaires (Paraguay c. Etats-Unis d'Amérique). International Court of Justice, 2000.

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4

United States. Congress. Senate. Committee on the Judiciary. Fulfilling our treaty obligations and protecting Americans abroad: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Twelfth Congress, first session, July 27, 2011. U.S. Govt. Print. Off., 2011.

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5

G. E. do Nascimento e Silva. Convenção sobre relações diplomáticas. 3rd ed. Fundação Alexandre de Gusmão, 1989.

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6

Denza, Eileen. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, 2018.

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7

Denza, Eileen. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. Oxford University Press, 2016.

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8

Justice, International Court of. Case Concerning the Vienna Convention on Consular Relations (Paraguay v. United States of America). International Court of Justice, 2000.

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9

Luke T, Lee, and Quigley John B. Part VII Conclusions, 40 Relation between the Vienna Convention on Consular Relations and Other Treaties. Oxford University Press, 2008. http://dx.doi.org/10.1093/law/9780198298519.003.0040.

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10

Hay, Emily, Frederic Dopagne, Bertold F. Theeuwes, and Didier Reynders. Diplomatic law in Belgium. Maklu Publishers, 2014.

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11

Ivor, Roberts. Book II Diplomatic and Consular Relations, 5 Functions of Diplomatic Missions and Consulates. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0005.

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This chapter examines the functions of diplomatic missions and the performance of consular functions by diplomatic missions. Under long established principles of international law now codified in Article 2 of the Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States and the establishment of permanent diplomatic missions take place by mutual consent. The right to send and receive diplomatic agents flows from recognition as a sovereign State and was formerly known as the right of legation (ius legationis). Furthermore, it is in modern practice highly exceptional for two States to recognize each other without formally establishing diplomatic relations—and such a situation usually indicates extreme tension or coolness between them. By contrast, it is now common for two States to establish or to maintain diplomatic relations without having permanent missions in each other’s territory.
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12

Joanne, Foakes, and Denza Eileen. Book II Diplomatic and Consular Relations, 10 The Diplomatic Mission, The Corps, Breach of Relations, and Protection of Interests. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0010.

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This chapter describes the diplomatic body and its various protocols. The diplomatic body (corps diplomatique) comprises the heads and the diplomatic staff of all the missions accredited to a particular receiving State. The corps diplomatique has no legal personality or formal constitution. In most major capitals a diplomatic list, based on the notifications of appointments, arrivals, and departures required from missions under Article 10 of the Vienna Convention on Diplomatic Relations (VCDR), is published by the ministry of foreign affairs. The list may also include spouses and members of the families of heads of mission and diplomatic staff. Where one or more international organizations have their headquarters in a capital there may be additional diplomatic bodies consisting of the permanent representatives to each organization.
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13

Eileen, Denza. Exemption of Official Fees from Taxation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0029.

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This chapter explores Article 28 of the Vienna Convention on Diplomatic Relations. The Article states that the fees and charges levied by the diplomatic mission in the course of its official duties shall be exempt from all dues and taxes. The Article serves as one of the fastest to finalize by the International Law Commission, as the principle of exempting tax during a diplomatic mission is universally accepted between sovereign States. For the most part, fees and charges levied by a diplomatic mission are likely to relate to functions which might be regarded as consular in nature—for example, passport and visa fees and charges for authenticating or legalizing documents. Possible restrictions and rules applicable where a diplomatic mission performs consular functions are discussed in the context of Article 3 of the Convention.
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14

Curtis A, Bradley. 4 Decisions and Orders of International Institutions. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780190217761.003.0004.

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This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by considering the extent to which constitutional concerns relating to international delegations are adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.
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15

Eileen, Denza. Functions of a Diplomatic Mission. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0005.

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This chapter examines the development of Article 3 of the Vienna Convention on Diplomatic Relations which provides an overview of the functions of a diplomatic mission. The International Law Commission cites the notions of the diplomat Ernest Mason Satow who states that the functions of a diplomatic mission are to represent the sending State, to protect its interest and those of its nationals, to negotiate with the government of the receiving State, to report the sending government on all matters of importance to it, and to promote friendly relations in general between the States. The chapter looks into the two main points of discussion within the Commission that emerged throughout the Article’s formation: the function of ‘protecting in the receiving State the interests of the sending State and of its nationals’, and the entitlement of diplomatic missions to perform consular functions.
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16

Babcock, Sandra L. International Law and the Death Penalty. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0006.

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Section I of this chapter examines the potential of international law to promote abolition of the death penalty and the challenges that prevent the full realization of that potential. Section II provides a brief overview of how international norms relating to the application of the death penalty have evolved over time. Section III provides three examples of how their impact has been limited in practice, focusing on the application of the death penalty to individuals with mental illnesses and intellectual disabilities, as well as the failure of the United States to comply with its obligations under the Vienna Convention on Consular Relations. Finally, Section IV suggests a number of prescriptive measures to address these limitations. It describes an innovative project in Malawi to obtain the resentencing of prisoners condemned to death and discusses potential revisions to the Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty.
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17

Eileen, Denza. Assistance in obtaining Accommodation. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198703969.003.0019.

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This chapter considers Article 21 of the Vienna Convention on Diplomatic Relations which deals with the assistance of the receiving State in giving accommodation to the members of the diplomatic mission of the sending State. The Article states that the receiving State shall either facilitate the acquisition of the premises necessary for its mission or assist members of the mission of the sending State in obtaining accommodation in some other way. Also, under the Article, the receiving State shall assist missions in obtaining suitable accommodation for their members where necessary. In essence, Article 21 ensures that diplomatic mission is not barred from acquiring premises adequate for its purposes in the receiving State. The chapter looks into domestic laws of sovereign States that also regulate the accommodation of foreign diplomats, such as the Foreign Missions Act enacted in the United States and the Diplomatic and Consular Premises Act 1987 in the United Kingdom.
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